WTO Case Law 2016

Flexibilities in WTO law to support tobacco control regulation.

The Challenges of WTO Law: Strategies for Developing Country Adaptation

With the creation of the World Trade Organization (“WTO”), an area of international law may have become more like law as we commonly perceive it. Yet it is not necessarily the neutral technocratic process some of its proponents make it to be. Whatever is one’s perspective on trade liberalization and its enforcement, developing countries and developing country constituents are at a disadvantage ...

WTO dispute resolution and the preservation of the public domain of science under international law

The European Union and WTO law: a nexus of reactive, coactive, and proactive approaches

Ranging from the denial of direct effect to WTO law by the Court of Justice to a WTO-friendly legislative culture currently booming in the EU’s political institutions, different approaches towards WTO law have been adopted within the EU. This article classifies the different approaches into reactive, coactive, and proactive by drawing on their common characteristics. The principal aim is to exp...

Bargaining in the Shadow of the Law: Early Settlement in GATT/WTO Disputes

This Essay proceeds in four steps. Part I summarizes the quantitative evidence on the pattern of escalation and outcomes of more than 600 GATT/WTO disputes from 1948 through 1999. Part II elaborates on our theory of settlement bargaining within the context of an institution lacking enforcement power and shows how the hypotheses are consistent with the evidence introduced earlier. Part III discu...